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Sen. James A. DeLeo
Filed: 4/11/2005
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LRB094 04370 RSP 44283 a |
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| AMENDMENT TO SENATE BILL 630
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| AMENDMENT NO. ______. Amend Senate Bill 630 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Department of State Police Law of the
Civil |
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| Administrative Code of Illinois is amended by changing Section |
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| 2605-335 as follows:
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| (20 ILCS 2605/2605-335) (was 20 ILCS 2605/55a in part)
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| Sec. 2605-335. Conviction information for private child |
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| services
or charitable organization. |
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| (a) Upon the request of any private organization
that |
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| devotes a major portion of its time to the provision of
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| recreational, social, educational, or child safety services to |
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| children, to
conduct, pursuant to positive identification, |
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| criminal background
investigations of all of that |
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| organization's current employees, current
volunteers, |
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| prospective employees, or prospective volunteers
charged with |
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| the care and custody of children during the provision of the
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| organization's services, and to report to the requesting |
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| organization
any record of convictions maintained in the |
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| Department's files about those
persons. The Department shall |
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| charge an application fee, based on actual
costs, for the |
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| dissemination of conviction information pursuant to this
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| Section. The Department is empowered to establish this fee
and |
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| shall
prescribe the form and manner for requesting and |
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LRB094 04370 RSP 44283 a |
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| furnishing conviction
information pursuant to this Section.
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| Information received by the
organization from the |
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| Department concerning an individual shall be provided
to the |
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| individual. Any such information obtained by the
organization
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| shall be confidential and may not be transmitted outside the |
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| organization
and may not be transmitted to anyone within the |
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| organization except as
needed for the purpose of evaluating the |
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| individual.
Only information and standards that bear a |
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| reasonable and
rational
relation to the performance of child |
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| care shall be used by the organization.
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| (b) Upon the request of any private organization that |
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| collects, solicits, distributes, or otherwise has care or |
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| control over funds to be used for any purpose recognized as |
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| charitable under the General Not For Profit Corporation Act of |
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| 1986 or the United States Internal Revenue Code, pursuant to |
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| positive identification, to conduct criminal background |
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| investigations of all of that organization's current |
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| employees, current volunteers, prospective employees, or |
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| prospective volunteers charged with responsibility for any |
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| aspect of the organization's funding or finances, and to report |
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| to the requesting organization any record of convictions |
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| maintained in the Department's files about those persons. The |
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| Department shall charge an application fee, based on actual |
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| costs, for the dissemination of conviction information |
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| pursuant to this Section. The Department is empowered to |
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| establish this fee and shall prescribe the form and manner for |
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| requesting and furnishing conviction information pursuant to |
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| this Section. |
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| Information received by the organization from the |
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| Department concerning an individual shall be provided to the |
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| individual. Information obtained by the organization is |
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| confidential and may not be transmitted outside of the |
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| organization or to anyone within the organization, except as |
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| needed for the purpose of evaluating the individual. Only |
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LRB094 04370 RSP 44283 a |
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| information and standards that bear a reasonable and rational |
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| relation to a felony or to any criminal offense relating to |
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| dishonesty or breach of trust shall be used by the |
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| organization.
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| (c) Any employee of the Department or any member, employee, |
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| or volunteer of
the
organization receiving confidential |
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| information under this Section who
gives or causes to be given |
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| any confidential information concerning any
criminal |
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| convictions of an individual shall be guilty of a Class A
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| misdemeanor unless release of the information is authorized by
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| this
Section.
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| (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, |
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| eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
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| eff. 8-14-98;
91-239, eff. 1-1-00.)".
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